Legislative Update - April 2024

Our Massachusetts Legislature began its 193rd session on January 4, 2023. Below is a summary of bills filed this session that AHEM is following. At this time no action needs to be taken on any of these bills.

Bills regarding kindergarten

H.428

AN ACT RELATIVE TO CHANGING THE MINIMUM AGE REQUIREMENT FOR KINDERGARTEN by Brian M. Ashe - 2nd Hampden

2/16/2023 House Referred to the Joint Committee on Education
2/16/2023 Senate Senate concurred
10/17/2023 Joint Hearing
2/7/2024 Senate Accompanied a new draft, see S2707

The twenty-first paragraph of section 1B of chapter 69 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following sentence:- The mandatory minimum age for attendance of kindergarten shall be for a child 5 years of age for attendance in the school year beginning in September of the calendar year in which he or she attains the age of 5.

Summary: H.428 accompanied new draft S2707, AN ACT ENSURING AFFORDABILITY, READINESS AND LEARNING FOR OUR YOUTH AND DRIVING ECONOMIC DEVELOPMENT, and no longer contains language relevant to otherwise instructed families.

AHEM position: Neutral.

H.435

AN ACT RELATIVE TO COMPULSORY FULL-DAY KINDERGARTEN by Antonio Cabral - 13th Bristol

2/16/2023 House Referred to the Joint Committee on Education
2/16/2023 Senate concurred
2/7/2024 Senate Accompanied a new draft, see S2707 SECTION 1.

Section 1B of chapter 69 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 117-120, inclusive, the twenty-first paragraph and inserting in place thereof the following paragraph: The board shall establish the permissible and mandatory ages for school attendance provided that each child be required to attend a full-day educational program at kindergarten age.

SECTION 2. Section 1 of chapter 76 of the General Laws, as so appearing, is hereby amended by inserting after the word “education”, in line 2, the following words: “and any child enrolled in full-day kindergarten”

Summary: H.435 accompanied new draft S2707, AN ACT ENSURING AFFORDABILITY, READINESS AND LEARNING FOR OUR YOUTH AND DRIVING ECONOMIC DEVELOPMENT, and no longer contains language relevant to otherwise instructed families.

AHEM position: Neutral.

Bills raising the mandatory attendance age

S.285

AN ACT RELATIVE TO DROPOUT PREVENTION AND RE-ENGAGEMENT by Adam Gomez - Hampden

2/16/2023 Senate Referred to the Joint Committee on Education
2/16/2023 House House concurred
5/30/2023 Joint Hearing scheduled for 6/06/2023
6/6/2023 Joint Committee on Education Hearing
3/21/2024 Accompanied a new draft, see S2663

SECTION 2. Section 1B of chapter 69 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “attendance”, in line 120, the following words:- ; provided, however, that all children under the age of 18 shall be required to attend school if they have not graduated from high school.

Summary: S.285 accompanied new draft S2663, An Act to reduce exclusionary discipline for violations of rules related to student grooming and dress, and no longer contains language relevant to otherwise instructed families.

AHEM position: Neutral

S.341

AN ACT RELATIVE TO DROPOUT PREVENTION AND STUDENT RECOVERY by Pavel Payano - First Essex

SECTION 1. Section 1B of chapter 69 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the word “attendance”, in line 120, the following words:- ; provided, however, that all children under the age of 18 shall be required to attend school if they have not graduated from high school.

Summary: S.341 accompanied new draft S.2663, AN ACT TO REDUCE EXCLUSIONARY DISCIPLINE FOR VIOLATIONS OF RULES RELATED TO STUDENT GROOMING AND DRESS, and no longer contains language relevant to otherwise instructed families.

AHEM position: Neutral.

H.3811

AN ACT TO REQUIRE SCHOOL ATTENDANCE UP TO AGE 18 OR UNTIL GRADUATION by Antonio Cabral - 13th Bristol

4/03/2023 House Referred to the committee on House Rules
4/24/2023 House Reported, referred to the committee on Education
4/27/2023 Senate Senate concurred
5/30/2023 Joint Hearing scheduled for 6/6/23
6/6/2023 Joint Committee on Education Hearing

SECTION 1. Section 1 of chapter 76 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by: (a) striking out, in lines 1 to 2, the words “between the minimum and maximum ages established for school attendance by the board of education” and inserting in place thereof the following words: “ages of 6 and 18, having completed at least the twelfth grade, high school equivalency test, or whichever comes first”.; and (b) inserting after the word “herewith”, in line 58, the following words: “, provided that no student over the age of 16 shall face criminal penalties for failure to attend school through the mandatory age for school attendance”..

Summary: Requires all children to attend school until age 18 or graduation from high school.

AHEM position: Opposed. AHEM sent a letter to be included in the official testimony for the hearing, which was held on June 6, 2023.

Bill regarding access to the MCAS exam

H.506

AN ACT RELATIVE TO NON-PUBLIC SCHOOL STUDENT ACCESS TO THE MCAS EXAM by Bradley H. Jones, Jr. - 20th Middlesex

2/16/2023 House Referred to the Joint Committee on Education
2/16/2023 Senate Senate concurred
9/20/2023 Hearing scheduled for 10/04/2023
2/20/2024 Reported favorably, referred to the committee on House Ways and Means.

SECTION 1. Notwithstanding any general or special law to the contrary, the department of elementary and secondary education shall issue a report on the feasibility and costs associated with non-public school students and home-schooled students in grade 10 voluntarily taking the Massachusetts Comprehensive Assessment System exam; provided that said report shall be provided to the secretary of administration and finance, the commissioner of elementary and secondary education, and the clerks of the senate and house of representatives who shall forward the same to the chair of the senate ways and means committee, the chair of the house ways and means committee, and the house and senate chairs of the joint committee on education within 6 months of the effective date of this act.

Summary: Would issue a report on allowing private and homeschooled students to take the MCAS. AHEM contacted Rep. Jones and asked that “and home schooled students” be removed from the language of the bill, as homeschoolers are included in the category “non-public school students” and introducing the term “home schooled” into statutory language begs for it to be defined.

AHEM’s position: If language is amended, neutral.

Bill regarding community college tuition

S.1233

AN ACT RELATIVE TO COMMUNITY COLLEGE TUITION by John C. Velis - Hampden and Hampshire

2/16/2023 Senate Referred to the Joint Committee on Labor and Workforce Development
2/16/2023 House House concurred
11/14/23 Joint Committee Hearing

(1) To be eligible for the scholarship a student shall be admitted to, and enrolled full-time in, an eligible postsecondary program within five years following graduation, not including time spent in the United States Armed Forces, from an eligible high school in Massachusetts, or completion of high school as a Massachusetts home school student, or obtaining a GED® or HiSET® diploma.

Summary: This bill would create the Massachusetts Workforce Opportunity Scholarship. The problem with it is that it introduces the term “home school” into law, and would require defining what qualifies as completion of high school. AHEM has contacted Senator Velis and asked him to consider amending the language to not include the term “home school.”.

AHEM position: If language is amended, neutral.

AHEM will continue to monitor these and any additional bills that may be filed during the 193rd Session that could affect homeschooling in Massachusetts.